How to manage bank holidays

Author: Katherine Shaw, Lewis Silkin

Summary

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• Recognise that there is no statutory entitlement to take time off on bank and public holidays.
• Check existing documentation to establish whether or not there is a contractual entitlement to time off on bank and public holidays.
• Consider whether or not your customary way of dealing with bank and public holidays may have become implied into workers' contracts over time.
• Consider whether or not the current documentation adequately reflects business needs.
• If changes to current arrangements are needed, or you are drafting new provisions around bank holidays, ensure all documentation fits your needs.
• Take into account the bank holiday rights of part-time workers, workers with irregular working patterns and workers on maternity, paternity, adoption, shared parental and parental bereavement leave.
• Be aware of the bank holiday entitlement of employees who are on sickness absence.
• Treat competing leave requests for time off on bank holidays fairly.
• Be prepared for additional bank holidays that may be declared.
• Note that different bank holidays may apply to workers in Scotland.